How do you file for legal separation in Missouri?


Quick Answer

To file for a legal separation in Missouri, either party must file for a petition in the county where he or she resides and have enough evidence to support the petition. Also, a person must be a resident or a member of the military stationed in the state at least for 90 days before the case. Parties usually enter a written separation agreement that highlights the provisions for disposition of property, support and parenting.

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Full Answer

In Missouri, a legal divorce only occurs when there is no chance that a marriage will survive. The court will dismiss the case or enter an order of separation depending on what both parties have to say about the separation. If one party denies that the marriage is not completely broken, the court shall take into account all the relevant evidence and factors prior to making a conclusion. The petitioner must prove to the court that the respondent did an act making it difficult to live with the respondent, as stated by HG.org.

It may take 30 days to 6 months for the court to make a judgment depending on the specific situation of the case. Should the court agree to a legal separation, it will also state the terms for property disposition and child support.

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